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course and hours of instruction per week.

(b) At least one half of the time of the Instruction must be given to work on a useful or productive basis. Instruction in practical work is considered to be "on a useful or productive basis” when it consists of organized, systematic training in the processes, operations, and principles involved which are selected with regard to the suitability, quality, quantity and production methods customarily observed in trade, industrial and vocational technical pursuits for which the training is being given.

(c) The instruction in related subjects for which funds are used must have direct functioning value in the trade or occupation for which training is being given. Related subjects courses are in addition to and an extension of the instruction given in the shop. Related subjects may be taught by the shop instructor. When other than shop instructors are utilized, the State plan shall specify qualifications which assure that such instructors have sufficient experience in and knowledge of the occupation to teach such specific subjects effectively. 8 102.81 Day trade classes—Type C.

Under the George-Barden Act, Type C Classes (as defined in § 102.74) may be organized for persons over 18 years of age or those who have legally left the full time school. Such clases may be operated for less than 9 months per year, for less than 30 hours per week and without the requirement that a minimum of 50 percent of the school time must be given to shop work on a useful or productive basis. This is a special type of day pre-employment trade training which may be provided irrespective of whether or not the persons enrolled are employed. Such training may be offered for any length of time. $ 102.82 Special standards and safe

guards for training in industrial

plants. No part of the funds spent under the plan may be expended in Industrial-plant training programs except such industrial-plant training be bona fide vocational training and not a device to utilize the services of vocational trainees for private profit. Use of funds for industrial-plant training is justified when the school system cannot otherwise provide adequate equipment and supplies and such are available in an industrial

plant, provided the requirements for public supervision and control and other requirements of the acts and policies are met and safeguards for such training are included in the State plan. VOCATIONAL EDUCATION IN FISHERY

OCCUPATIONS § 102.83 Vocational education in fishery

occupations. (a) Under the George-Barden Act special funds have been authorized for training in the trade and Industrial and distributive occupations in the fishing industry. Programs in the trade and industrial aspects of the industry are governed by the conditions applicable to other trade and industrial programs.

(b) Programs in the distributive education aspects of the industry are governed by the conditions applicable to other distributive education programs.

VOCATIONAL GUIDANCE § 102.84 Vocational guidance.

(a) Funds may be used under the George-Barden Act for programs of vocational guidance. The purpose of the vocational guidance program is to provide individuals with the information needed and to develop understandings necessary to make wise decisions in matters affecting vocational choices and adjustments.

(b) Funds may be expended to provide the following services:

(1) The maintenance of a program of supervision in vocational guidance.

(2) The maintenance of a program of training for vocational counselors in classes composed of: persons enrolled in & program which will qualify them as vocational counselors; persons enrolled in a program which will qualify them as vocational teachers; teachers, supervisors, or directors of vocational education; or vocational counselors and vocational guidance supervisors.

(3) The maintenance of a program of vocational counseling on the secondary and adult levels.

(4) The production and publication of occupational information for use of vocational teachers and counselors. f 102.85 State plan provisions.

(a) In developing a State plan for vocational guidance, it is necessary that the State first make adequate provision for State supervision and for the training of vocational counselors, with the re

search necessary in each. Funds may be & 102.104 Special provisions regarding expended on the local level only after the use of funds. program at the State level has been

The total amount of State and local adequately developed.

funds to be spent in any year for voca(b) The State plan is to provide safe

tional education programs operated unguards to insure that the vocational

der the provisions of the Smith-Hughes guidance program serves a school or

Act and titles I and II of the Georgegroup of schools maintaining a voca

Barden Act may not be reduced below the tional course or courses.

amount of such funds expended under (c) The duties and the qualifications

such programs and reported to the Comfor all positions are to be set forth in

missioner for the fiscal year immediately the State plan.

preceding that in which the State first (d) If funds are to be used for coun

uses funds under title III except that selor training programs in teacher train.

such reduction below the amount exing institutions it will be necessary that

pended in such preceding fiscal year may the State plan designate the courses to be made as long as, be reimbursed, eligibility for enrollment,

(a) In making such reduction, the and the qualifications of the counselor

amount of State and local funds used trainer

to match each of the several allotments AREA VOCATIONAL EDUCATION PROGRAMS

under the Smith-Hughes Act and titles

I and II of the George-Barden Act is not $ 102.101 Area vocational education

reduced below the amount needed for programs.

dollar for dollar matching of each allotAn area vocational education program ment, and operated under title III of the George

(b) An amount of State and local Barden Act is a program of vocational

funds at least equal to the amount of Instruction, as defined in g 102.41, con

the total reduction is to be expended sisting of one or more less-than-college

under title III. grade courses conducted under public

(24 F.R. 8230, Oct. 9, 1959) supervision and control and on an or- & 102.105 General plan requirements ganized, systematic class basis, which is under title III. made available to residents of the State

To be eligible to participate under title or an area thereof designated and ap- III there must be added to the State plan proved by the State board.

a new part, meeting the requirements of (24 F.R. 8230, Oct. 9, 1959)

section 305(a) of the George-Barden

Act, which sets forth the plans, policies, & 102.102 Categories.

and methods to be followed in adminArea vocational education programs istering and operating area vocational operated under title III are not consid

education programs under title III. ered to be under any of the separate

[24 F.R. 8230, Oct. 9, 1959) categories of vocational education supported under the Smith-Hughes Act and

§ 102.106 Approval of area vocational

education programs. titles I and II of the George-Barden Act, 1.e., agriculture, distributive occupations, The State plan is to set forth the home economics, trades and industries standards and procedures which the and practical nursing.

State board will use in approving area [24 F.R. 8230, Oct. 9, 1959)

vocational education programs. Such

standards and procedures are to show $ 102.103 Matching funds.

how the following minimum criteria will The Act requires that there shall be be implemented: spent for area vocational education pro- (a) There is a need in the employgrams under title III an amount of State ment market for persons trained in the or local funds or both at least equal to occupation for which training is prothe Federal funds expended under such vided. title. The State's financial report for the (b) The content of the courses for year must show the amount of State and which funds may be used has been delocal matching funds expended under termined by competent persons on the the plan.

basis of an analysis of the occupation or (24 F.R. 8230, Oct. 9, 1959)

cluster of occupations.

(c) (1) Those enrolled in the program have the necessary general educational background to benefit from the vocational instruction given in the program, and to fit them for the occupation for which the training is being given, or (2) such necessary general education, including scientific education, is available to those enrolled as part of their total curriculum.

(d) The program is of sufficient duration and there is sufficient time devoted to the technical courses in the curriculum to fit those enrolled for employment.

(e) Classrooms, shop and laboratory facilities, including instructional equipment and supplies for effective instruction are to be available.

(f) Personnel with professional and technical preparation and experience are to be employed as instructors and supervisors.

(g) A system of student selection based on interests, aptitudes, previous education and work experience is to be maintained.

(h) See $ 102.108(b). 124 F.R. 8230, Oct. 9, 1959) § 102.107 Geographic areas to be served.

To qualify under title III a program must be made available to residents of the whole State or of "an area thereof designated and approved by the State board." The State plan is to set forth the policies and criteria to be used by the State board in determining that the geographic area served by a program is sufficiently extensive (e.g. with reference to such factors as population served, area served, etc.) to qualify the program as an “area vocational education program" under title III. (24 F.R. 8230, Oct. 9, 1959) § 102.108 Training programs.

Title III requires that funds "shall be used exclusively for the training of individuals designed to fit them for useful employment as highly skilled technicians in recognized occupations requiring scientific knowledge, as determined by the State board for such State, in fields necessary for the national defense." The State plan is to set forth the procedures and criteria to be used by the State board in determining which training programs meet this requirement.

(a) Kinds of courses. Within the foregoing requirements and procedures, funds may be used for the following kinds of courses concerned primarily with the application of technical knowledge and technical understanding in contrast with manipulative skill:

(1) Extension (supplementary) courses which are designed for employed persons, including journeymen, to obtain additional training in the direct application of specialized functional aspects of science, mathematics and advanced technical skills and information required to meet the demands for highly skilled technicians in recognized occupations because of new and changing technologies. Such instruction may be organized to provide the required related instruction for apprentices.

(2) Preparatory (preemployment) courses which are designed to prepare persons for useful employment to meet the demands for highly skilled technicians in recognized occupations (and not for training persons for a skilled trade) which requires the direct application of specialized functional aspects of science, mathematics, and advanced technical skills and information.

(b) Eligibility to enroll. Any person may be permitted to enroll who has either completed the ninth grade or, regardless of his school credits, is at least 16 years of age and can reasonably be expected to profit by the instruction offered. (24 F.R. 8230, Oct. 9, 1959) § 102.109 Occupations necessary for the

national defense. Title III requires “that funds * shall be used exclusively * * for the training of individuals as highly skilled technicians in recognized occupations

* in fields necessary for the national defense.” Both of the following criteria are to be used to determine occupations that are considered necessary for the national defense:

(a) The occupation will have a significant number employed, or an overall shortage exists or is developing:

(1) In the design, development, testing, manufacture, processing, construction, installation, operation, maintenance, repair or servicing of plant facilities, equipment or products (or parts

or accessories thereof) which are of importance for military or other defense activity.

(2) In providing technical services.

(b) The industry or activity in which the occupation occurs is necessary to the defense program, such as:

(1) The military.

(2) Suppliers of products or services to the military.

(3) Suppliers of products or services directly connected with defense.

(4) Scientific research. (24 F.R. 8231, Oct. 9, 1959) $ 102.110 Instructional equipment and

supplies. (a) Under title III funds may be used for the purchase, rental or other acquisition, and maintenance and repair of instructional equipment and the purchase of instructional supplies and teaching aids. (See $ 102.45 of this part for regulations governing the purchase or rental of instructional equipment and supplies including teaching aids.)

(b) The State plan is to indicate how equipment and teaching aids will be accounted for. The plan is also to set forth the rules and policies to be used in the purchase and rental of equipment and supplies for area vocational education programs to assure proper expenditure and use in approved courses.

(c) The Department of Health, Education, and Welfare Appropriation Acts, 1960 (73 Stat. 339, 346), 1961 (74 Stat. 755, 762), and 1962 (75 Stat. 589, 596), provide that no part of the funds appropriated for “Defense Educational Activities” shall be available for the purchase of science, mathematics, or modern language teaching equipment, or equipment suitable for use for teaching in such fields of education, which can be identified as originating in or having been exported from a Communist country, unless such equipment is unavailable from any other source. This prohibition applies to expenditures with respect to which Federal participation is requested from allotments made for fiscal years 1960, 1961, and 1962 under section 302 of the George-Barden Act. 124 F.R. 8231, Oct. 9, 1959, as amended at 27 F.R. 1555, Feb. 20, 1962) $ 102.111 Transportation of students.

(a) Necessary costs of transportation of students include only (1) transporta

tion for one round trip per semester or shorter period determined by the duration of the program from the student's home to the place where he will reside while enrolled in the program; (2) transportation for one round trip daily between a student's place of residence and the school; (3) transportation between schools in one of which the student is enrolled in a technical program; (4) transportation between the school and the establishment where work experience is provided; and, (5) transportation of classes for field work.

(b) Transportation may be provided by common carrier, school bus, or private conveyance. Costs may not be paid in excess of costs of transportation by common carrier, or, in the absence of suitable transportation by common carrier, in excess of reasonable rates established by the State. (24 F.R. 8231, Oct. 9, 1959) $ 102.112 Vocational guidance.

Costs of vocational guidance under title III include only the costs of guidance services performed in area vocational education programs for the recruitment, selection, and retention of persons for training and the placement of persons trained in such programs, and, the supervision of such guidance service. If funds are to be used for vocational guidance, that part of the plan in which area vocational education programs are described is to include a description of the plans and policies for the expenditure of funds for vocational guidance in such programs. (24 F.R. 8231, Oct. 9, 1959)

PART 103—VOCATIONAL EDUCA

TION IN PRACTICAL NURSING Sec. 103.1 Definitions. 103.2 The State plan. 103.3 Less than college grade. 103.4 Public supervision and control. 103.5 Allotments. 103.6 Reallotments. 103.7 Report on basis of Federal fiscal

year. 103.8

Annual report. 103.9 Extension and improvement of prac

tical nurse training. 103.10 Other health occupations. 103.11 Reimbursable costs of carrying out

the State plan. 103.12 Effect of State rules.

Sec.

(b) The State board. The State plan 103.13 Public nature of funds.

shall designate the State board as the 103.14 Pro-rating.

sole agency for the administration of 103.15 Effect of payments.

the plan or for the supervision of adAUTHORITY: The provisions of this part ministration of the plan by local edu103 issued under 70 Stat. 925-929; 20 U.S.C.

cational agencies. If the plan provides 15aa-15]).

for the use of the facilities of any agency SOURCE: The provisions of this Part 103 other than the State board or a local appear at 23 F.R. 3100, May 9, 1958, unless educational agency the program in otherwise noted.

which such facilities are used must still $ 103.1 Definitions.

be administered by the State board or

by a local educational agency under the As used in this part, the terms below

supervision of the State board. are defined as follows:

(c) Authority of State board. The (a) “Act” and “Title II” mean Title

State plan shall set forth the authority II of the Vocational Education Act of

of the State board under State law for 1946 as added by Title III of Public Law the administration of the program. If 911, 84th Congress (70 Stat. 925).

there is any administration by local (b) “Commissioner", "practical nurse agencies, the basis under State law for training”, “practical nurse", "local edu- the supervision of such administration cation agency”, “State", and "State by the State board shall also be set forth. board”, are used as defined in section 210

Copies of, or citations to, all directly perof the act.

tinent laws and Interpretations of laws (c) "State director" means the per- by appropriate State officials or courts son directly responsible for the admin- shall be furnished as part of the plan. istration of the total State program of (d) Plans, policies and methods. The vocational education and the coordina- State plan shall show the plans, policies, tion of the work of the State supervisors. and methods to be followed in extending

(d) “Other health agencies" means and improving practical nurse training Institutions or establishments other than under the plan, and in administering hospitals which provide patients with and supervising the administration of medical or nursing services under the the plan. direction of a doctor or registered pro- (e) Fiscal administration and reten. fessional nurse.

tion of records. The State plan shall (e) “Vocational guidance" means only provide for such acounting, budgeting that guidance which is related to the re- and other fiscal methods and procedures cruitment, selection and retention of as are necessary for the proper and effipersons for training and the placement cient administration of the plan State of persons trained in the program.

and local agencies receiving grants un

der the Acts shall keep accessible and f 103.2 The State plan.

Intact all records supporting claims for (a) Under the terms of Title II, each Federal grants or relating to the acState, in order to participate in the bene- countability of the grantee for expendifits of the program, is required to submit tures of Federal grants and of matcha plan for the program of extension and ing funds, until notified of the compleimprovement of practical nurse training tion of program reviews and of the fiscal in which it expects Federal financial par- audit covering such records. Records ticipation. Such plan must be separate supporting accountability for non-conand distinct from State plans under sumable equipment purchased under the other vocational education grants. To program (whether from Federal or be approvable, a plan must have been matching funds) and costing $10 or adopted by the State board and must more shall be maintained until notificameet the conditions of section 203(a) tion of the completion of the review and of Title II. When approved by the Com

audit covering the disposition of such missioner of Education, the State plan

equipment. becomes the basis for Federal grants,

(f) Use of registered professional and a State may be certified to receive

nurse in State supervision. The State

plan shall provide that the individual grants with respect to proper expendi

supervising the functions of the State tures made on or after the date on which board under the plan for the extension such plan is submitted in approvable and improvement of the practical nurse form.

training program shall be a registered

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